igus v Whale Technology (UPC_CFI_318/2025)

• In these proceedings, igus was granted judgment in default and an injunction against Whale Technology. Whale is based in China, but was served with proceedings at a trade fair in Germany, and failed to file a defence.
• igus brought a claim against Whale for infringement of its European patent with unitary effect relating to a cable protection guide for cleanroom applications. Whale had offered its cable protection system at a trade fair in Hannover Messe and via a catalogue sent to potential customers who visited its booth at the trade fair.
• Whale was served with the statement of claim at the trade fair, with a bailiff handing it to a Whale employee. Service at a temporary place of business is a permitted place of service under Rule 270(5)(a) RoP.
• Whale did not file a defence, and igus sought judgment in default. Judgment in default may be granted under Article 37 of the UPC Statute (Annex 1 of the UPCA) and Rule 555 RoP if the defendant has failed to file a defence in the time allowed, the facts put forward by the claimant justify the remedy sought and the conduct of the defendant does not preclude it.
• The Düsseldorf LD considered that igus had objectively justified its claim, and that nothing in Whale's conduct precluded default judgment. The court held that igus had "conclusively argued that the contested embodiment realise[d] all the features of claim 1 of the patent in suit in accordance with the literal meaning", and that it had "equally conclusive[ly]" argued that Whale offered its product in the UPC territory, namely in Germany, both through the trade fair and distribution of its catalogue.
• The Düsseldorf LD held that igus was entitled to the relief sought. It therefore ordered remedies including an injunction, and an order for recall of Whale's products from the channels of distribution, information about Whale's infringement, and provisional costs of €26,000. The remedies were reinforced by penalties of €10,000 per product or €30,000 per day for infringement, and €30,000 per day for failure to recall the infringing products.

This analysis is based on a machine translation of a decision not available in English.